Keywords
The web portal works in test mode. Send comments and suggestions to web_admin@tax.gov.ua

Who of the co-owners is a declarant of residential real estate object, which belongs to several individuals on the joint common ownership right without division into shares and total area of such object exceeds area of undeclared assets?

, published 17 November 2021 at 16:12

Sub-paragraph “b” Sub-section 94 Section XX “Transitional Provisions” of the Tax Code of Ukraine as of 02.12.2010 № 2755-VI with changes and amendments stipulates that objects of the one-time (special) voluntary declaration may be real estate (land, residential and non-residential real estate) owned by declarant on the ownership right (including the joint partial or joint common ownership) and which is located (registered, accounted) on the territory of Ukraine and / or abroad as of the date of submission of one-time (special) voluntary declaration.

Part 1 Article 368 of the Civil Code of Ukraine as of 16.01.2003 № 435-IV with changes and amendments stipulates that joint ownership of two or more individuals without determining shares of each of them in the ownership right is joint common ownership.

Part 2 Article 370 of the Civil Code of Ukraine stipulates that in case of allocation of a share from property that is in joint common ownership, it is considered that shares of each of the co-owners in the joint common ownership right are equal, unless otherwise established by agreement between them, law or court decision.

As follows, each of the co-owners has right to declare his/her part of the residential real estate object acquired at the expense of income from which taxes and levies have not been paid or not in full amount, subject to the norms of the Civil Code of Ukraine.